AVZ Discussion 2022

[j.l]

We don't know if it is the full $20m

Announcement said the company has been made aware of allegations of unauthorised transactions (note plural) involving the company's escrow account in the DRC

The fact that this announcement has been made at the same time that the company announced they are still working on a security package for the Locke deal and we are changing lawyers leads me to think that we got to the pointy end of the term sheet agreement and AVZ were planning to use the idea I floated here months ago about using the potential damages claim from the Dathomir ICC case (Due in September last we were updated) as security with the $20m in escrow being the easiest path to liquidation of said damages and Locke agreed but when they went to Christian Lukusa to show proof of funds there wasn't the full $20m available. Although again this is all speculation on my part but Lukusa defo had the funds if that payment details report is accurate.

My dealings with escrow accounts is that they are just another bank account held by the lawyers. They are legally obliged not to touch it but can very easily if they want to. I can't think of any other reason for us to all of a sudden be appointing a new legal councel at the exact same time this escrow issue has come up.

To get back any funds that have been allegedly transacted without authorisation we will need to take legal action. As the announcement says AVZ is investigating these allegations, including any potential wrongdoing, and to the extent there have been any unauthorised transactions in respect of the account, AVZ will take all necessary actions required. Looks like yet another legal front will be opened in this infinite quagmire imo

Once again @Carlos Danger , you provide the most insightful analysis in the absence of information that tells the complete story.

One thing I'd add to your chain of events is this week's letter to shareholders - if it is to be believed.

Presumably Nigel having looked in the escrow account (only at the eleventh hour mind you **) and found it lacking, now turns to major shareholders in an attempt to fill the shortfall in the funds required to get this over the line.

** what really irks is that all this African experience didn't tell them to keep an eagle eye on that money!!

 

[Xerof]

@Carlos Danger remind me of the date Dathomir returned the funds to sender please, from your copy of the bank account posted many moons ago

 

[Winenut]

Surely if money has gone from the escrow account unauthorized it’s not that fucking hard to electronically trace where it went? Unless someone’s made a fucking cash withdrawal. Geezuz fucking Christ is there any fucking end to the countless fucking corrupt actions in the DRC The fucking escrow account was under the control of fucking lawyers ffs. I want the fucking mantle back. So over this fucking shit show.

 

[Xerof]

Surely if money has gone from the escrow account unauthorized it’s not that fucking hard to electronically trace where it went? Unless someone’s made a fucking cash withdrawal. Geezuz fucking Christ is there any fucking end to the countless fucking corrupt actions in the DRC The fucking escrow account is under the control of fucking lawyers ffs. I want the fucking mantle back. So over this fucking shit show.

It’s yours

 

[Carlos Danger]

@Carlos Danger remind me of the date Dathomir returned the funds to sender please, from your copy of the bank account posted many moons ago

27th of August 2021

 

[Samus]

Surely if money has gone from the escrow account unauthorized it’s not that fucking hard to electronically trace where it went? Unless someone’s made a fucking cash withdrawal. Geezuz fucking Christ is there any fucking end to the countless fucking corrupt actions in the DRC The fucking escrow account was under the control of fucking lawyers ffs. I want the fucking mantle back. So over this fucking shit show.

If there's one thing these DRC shit bags are good at Wino, it's embezzlement!

 

[Hombre]

Shirley, this account would have been included in the annual audited company financial statement ie an actual dated copy of the account statement at the end of June 2024. Maybe that's when it came to light.
In that case, the unauthorized withdrawal should have only happened in the last 12 months.
If our previous in-country legal rep had a substantive grievance with AVZ, or any other DRC official, I 'assume' that it would:

• have been formally received in writing/email
• have been subject to legal advice
• be subject to clear concise Board consideration/decision
• the decision/reasoning would have been be communicated and confirmed with our DRC legal rep.

So, he's a common DRC thief (just like everyone else 100%) but masquerading as a legal rep lol

 

[Frank]

x.com

x.com

 

[Frank]

x.com

x.com

 

[wombat74]

Any confirmation yet the recent Tin rattle is fake ?

 

[Dom1974]

If you’re referring to Nigel’s letter to select SHs, I can’t see in the letter where he’s asking for cash?

 

[wombat74]

If you’re referring to Nigel’s letter to select SHs, I can’t see in the letter where he’s asking for cash?

So just keen for a chin wag ?

 

[Bray]

So has anyone had the call to have a chat..

 

[Dom1974]

Yes strange, which is why I think it’s fake and released to instill FUD. Why mention cash flow issues and not ask for funds. Why send to certain SHs instead of a general update to all? If it’s genuine, it’s poorly written and bad timing by Nigel.

 

[wombat74]

Yes strange, which is why I think it’s fake and released to instill FUD. Why mention cash flow issues and not ask for funds. Why send to certain SHs instead of a general update to all? If it’s genuine, it’s poorly written and bad timing by Nigel.

So it's poorly written . Why is it bad timing ?

 

[Dom1974]

Why issue the letter now when they are trying to lock in funds and SHs don’t know what’s going on in that regard. Some SHs will get an update, others miss out. It just instills more fear and uncertainty. Still think it’s fake.

 

[wombat74]

Why issue the letter now when they are trying to lock in funds and SHs don’t know what’s going on in that regard. Some SHs will get an update, others miss out. It just instills more fear and uncertainty. Still think it’s fake.

Ok . Thanks for your thoughts/reply .

Was the $20mil collateral for Locke ?

 

[Dom1974]

The $20m in escrow? That’s Cong’s money. He tried returning it as he wanted to cancel the deal. If we touch that or provide as security for Locke, it’s an admission that we’ve accepted his reneg and taken the money back. Cong and Z (imo) have made sure that that money is not available to AVZ in the scenario where we are on our last legs and have no other choice but to use it.

 

[wombat74]

The $20m in escrow? That’s Cong’s money. He tried returning it as he wanted to cancel the deal. If we touch that or provide as security for Locke, it’s an admission that we’ve accepted his reneg and taken the money back. Cong and Z (imo) have made sure that that money is not available to AVZ in the scenario where we are on our last legs and have no other choice but to use it.

Yes it's the $20mil for Cong . However if he doesn't take it and the DRC screw us over , doesn't that $20mil come back to AVZ ? Hence the $20mil can be used as collateral .

 

[Dom1974]

Assuming the full $20m was still there, given that it’s still before the Courts and the uncertainty surrounding that, Locke would not rely on this amount as ‘current’ collateral. I wouldn’t. According to DRC ‘law’ and Cami, dodgy judge has terminated Dathcom JV and AVZ don’t own anything at the moment except for the outer areas which are worth nothing at the moment. What’s AVZ’s collateral in the eyes of local laws and funders?